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INDONESIA
DE'RECHTSSTAAT
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum. "DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.
Arjuna Subject : -
Articles 271 Documents
ANALYSIS OF BOGOR REGENCY REGIONAL REGULATION NUMBER 5 OF 2015 CONCERNING PROTECTION OF WOMEN AND CHILDREN FROM ACTS OF VIOLENCE Azzahra, Melani; Nuwati
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Violence has a negative impact on health, social welfare and economic stability. From a health perspective, this leads to physical and mental injuries, disabilities and other related health problems. Violence against women and children includes acts that cause physical, psychological, sexual suffering, neglect and exploitation. This form of violence is an important topic of debate in various circles. Women and children are often victims of various forms of violence, including discrimination. The Policy for the Protection of Women and Children from Acts of Violence is an effort made by the Bogor Regency Government to specifically provide services to victims of violence against women. and child. The aim of this research is to find out legal protection for women and children. This research uses a sociological juridical legal approach and the specifications in this research include analytical descriptive. The results obtained in this research show that the Government has carried out its role ideologically, through the existence of service institutions which functionally are medical, legal and psychosocial service institutions for victims of violence. However, there are still many improvements needed to reduce the level of violence against women and children that occurs in Bogor Regency considering that the number of cases of violence is still experiencing an increasing trend to date.
ANALYSIS OF BEKASI CITY REGIONAL REGULATION NUMBER 4 OF 2023 CONCERNING WOMEN'S EMPOWERMENT AND PROTECTION Siregar, Nazuwa Irbah Siregar; Aminulloh, Muhammad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Regional Regulation of Bekasi City Number 4 of 2023 concerning Women's Empowerment and Protection is an important step in realizing gender equality and justice for women in Bekasi City. The aim of this research is to determine the implementation of Bogor Regency regional regulation number 4 of 2023 concerning the protection of women. This analysis will be carried out using normative and empirical legal research methods. The result of this reseach find Bekasi City Regulation Number 4 of 2023 concerning Women's Empowerment and Protection is an important legal instrument to realize gender equality and protect women's rights in Bekasi City. This Regional Regulation provides a strong foundation for implementing various programs and activities aimed at empowering and protecting women. It is hoped that this new Regional Regulation can be an effective instrument to realize gender equality and justice for women and children in Bekasi City. It is important to remember that this analysis is based only on the text of the new Regional Regulation and information available to the public. To obtain a more in-depth analysis, further research and more complete data collection are needed.
ANALYSIS OF ARTICLE 13 OF BOGOR DISTRICT REGIONAL REGULATION NUMBER 5 OF 2015 CONCERNING PROTECTION OF WOMEN AND CHILDREN FROM ACTS OF VIOLENCE Azhari, Marisa; Nuraeny, Henny
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Violence against women and children is a serious problem that affects the quality of life of victims and threatens their human rights. This article will focus on analyzing the implementation of Article 13 letter b. This research uses a qualitative approach with descriptive-analytical methods. Data collection was carried out through document studies in the form of Analysis of Regional Regulations and related publications. The second data collection was through observation, namely confirmation from victims of harassment at SMPN 1 Cigombong. This research found that the implementation of this Regulation, especially Article 13 concerning victims' rights, is still not running optimally. The main findings show that there are still many cases of violence against women and children in Bogor Regency who have not received adequate health and psychological recovery. For example, the case at SMPN 1 Cigombong, where a teacher committed an act of sexual violence against a female student, shows that despite recovery efforts, services are not sustainable, and the trauma experienced by the victim is not handled properly.
REGENCY REGIONAL REGIONAL BOGOR NO. 3 OF 2013 CONCERNING SOCIAL AND ENVIRONMENTAL RESPONSIBILITY Rivaldi, Muhamad; Trijono, Rachmat
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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Abstract

Regional Regulation (Perda) Number 1 Bogor Regent. 3 of 2013 Regarding Social and Environmental Responsibility is a regulation issued by the Bogor City Regional Government to regulate the responsibilities of the business world in protecting the environment and carrying out social activities in the environmental sector. Objective: The main objective of this sector regulation is to ensure that every business operating in Bogor Regency is socially and environmentally responsible, and makes an active contribution to regional development and the welfare of the local community. Method: Regional regulatory system. Bogor Number 3 of 2013 is a regional regulation issued by the Bogor City Government in Indonesia regarding social and environmental responsibility. This regulation aims to explain the obligations and responsibilities of individuals, businesses and organizations related to social welfare and environmental protection in the jurisdiction of the Bogor Regent. Basic regulations of the district management system. Bogor No. 3 of 2013: Social Responsibility: This regulation most likely emphasizes the importance of the contribution of businesses and individuals to the welfare of society. This may include provisions relating to community development projects, support for local initiatives or promotion of social protection programs. environmental responsibility: Another important aspect covered in the regulations This responsibility may be environmental responsibility. This could include waste management guidelines, pollution control efforts, conservation efforts and sustainable practices to protect the environment in Bogor Regency. The requirements: District management system. Government Regulation Law Number 3 of 2013 has established special compliance requirements that must be complied with by entities operating in the Region regarding their social and environmental responsibilities. Enforcement mechanisms: There may be details regarding enforcement mechanisms established to ensure compliance with regulations. This may include sanctions for non-compliance or incentives for entities that are able to carry out their social and environmental obligations well. Obligatory reporting: These regulations may also include provisions relating to mandatory reporting, requiring companies and organizations to report regularly on your social and environmental initiatives and impacts. Monitoring and Evaluation: To ensure the effectiveness of this regulation, there may be provisions to aggregate and release the results of social and environmental initiatives undertaken by the current Bogor Regent unit. In general, the district management system. No. Bogor Decree No. 3 of 2013 plays an important role in encouraging development sustainability, fostering a culture of corporate social responsibility and environmental protection in the region. Results: Regional Regulation 3 Bogor Regency. 3 of 2013 is a regional regulation issued by the Bogor Regent Government, Indonesia. These regulations focus on social and environmental responsibility, aiming to ensure that individuals, businesses and organizations in the region meet certain standards regarding their impact on society and the environment. Basic provisions of district level regulations. Bogor No. 3 of 2013 Social Responsibility: This regulation will most likely outline an entity's obligations towards local communities, such as supporting social welfare programs, improving education or contributing to poverty alleviation efforts. Environmental responsibility: This may include environmental protection and sustainability measures, such as waste management guidelines, conservation initiatives, or regulations related to pollution control. Compliance and Enforcement: There may be provisions detailing how compliance with these responsibilities will be monitored and enforced, including possible sanctions for non-compliance. Reporting requirements: Entities subject to these regulations may be required to submit regular reports on their social and environmental activities to ensure transparency and accountability. Cooperation with authorities: This regulation can also emphasize cooperation between businesses/organizations and local governments to effectively achieve shared social and environmental goals. Impact of Bogor Regency Regional Regulation No. 3 of 2013 The implementation of this regulation can provide a number of positive social and environmental impacts in Bogor Regency: Increasing social welfare through initiatives to increase corporate social responsibility accountability. Improved environmental protection results in cleaner air, water and land. . Increase business awareness of its impact on society and the environment. Strengthen partnerships between local government organizations and private sector entities for sustainable development. In short, regional regulation no. Regional Regulation Number 3 of 2013 plays an important role in encouraging social and environmental responsibility in the region, encouraging sustainable practices that are beneficial for current and future generations.
BOGOR CITY REGIONAL REGULATIONS NUMBER 17 OF 2019 CONCERNING CULTURAL HERITAGE Shariel, Muhammad Fariza; Yusuf, Muhammad Arsjad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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Abstract

n this era of modernization, people are very indifferent to the existence of historical buildings and cultural heritage sites, all because people think that old buildings have no value and have been replaced by new, more modern buildings. This research aims to determine the implementation of Bogor City Regional Regulation Number 17 of 2019 using the method used by reading and looking at the condition of cultural heritage in Bogor City. This research is empirical juridical research. Results: Implementation of Bogor City Regional Regulation Number 17 of 2019. Cultural heritage in the form of objects, buildings, structures, sites and areas needs to be managed by the government and regional governments by increasing community participation to protect, develop and utilize cultural heritage. The government's efforts in managing and maintaining cultural heritage sites are still not optimal, even though the government has taken steps to review efforts to protect cultural heritage sites, namely by establishing policies that can overcome acts of destruction. . However, the existence of this policy is still not enough to overcome this problem because there are still strong factors that cause the lack of strong legal protection for cultural heritage sites.
ISLAMIC ECONOMIC LAW "A CONTINUOUS ECONOMIC STUDY PERSPECTIVE OF ISLAMIC ECONOMIC LAW" Hadiat; Hasan Ridwan, Ahmad; Suntana, Ija; Rumatiga, Hidayat
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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ausing a consumptive and materialistic nature which results in environmental damage due to uncontrolled use of resources. This research aims to determine sustainable economics from the perspective of Islamic Economic Law. This article uses a descriptive qualitative method with a normative-empirical approach. This research finds strong arguments and signs that Islamic economics is very concerned with sustainable economics with a focus on optimizing resources without ignoring environmental aspects, so that economic buildings are able to provide sustainable benefits. The real form of a sustainable Islamic economic system is at least visible in sharia banking's concern for the environment.
COMPARISON AND DIFFERENCES OF SHIRKAH JURISPRUDENCE AMONG MADHAB SCHOLARS Dheddy Abdi Tamba; Yusdi Gozaly, Ahmad
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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hirkah is cooperation between two or more people in business, the profits and losses of which are borne jointly. In Uqud syirkah it is divided into five types, of which the Hanafi school of thought allows these five forms of syirkah, while the Maliki school of thought states that only three types of syirkah are valid, then the Syafii school of thought only allows two types of syirkah, and the Hambali school of thought only allows four types of syirkah. The differences in opinion of scholars regarding the types and laws of syirkah are due to several factors; namely differences in linguistic understanding abilities, differences in assessment of the status of hadith. Each school of thought scholar has his own method of ijtihad and school of thought recommendations, and of course this results in differences in the jurisprudential laws they conclude. This can be seen from the results of the legal products, which are also different between the jurisprudential laws issued and the legal products of other schools of jurisprudence. Cooperatives are a form of manifestation of syirkah whose legal basis is permissible according to Islamic (law), as long as it does not conflict with sharia principles (does not contain maysir, gharar and usury). This research discusses the halal and falsehood of cooperatives from the ulama Taqiyudin An Nabhani, according to the view of Taqiyyuddin An-Nabhani in his book, legal cooperatives are false with the term al-Jam'iyyah al-Ta'awuniyyah, because their operations are contrary to sharia principles.
IMPLEMENTATION OF SHARIA COMPLIANCE IN INNOVATIVE PRODUCT DEVELOPMENT IN SHARIA BANKS Ratnasari, Aireni; Mukhlas, Oyo Sunaryo; Rusyana, Ayi Yunus; Noor Silmi Sudrajat, Ajeung Syilva Syara; Jamaludin , Jujun
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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The establishment of sharia financial institutions is a response to the need for Muslims to carry out aspects of their economic life in accordance with the principles of the Qur'an and Hadith, as well as to meet the need for interest-free banking. However, the main challenge for Islamic banks is to develop amidst the dominance of established conventional banking. The success of Islamic banks not only depends on the formal adoption of Islamic rules in muamalat, but also on the consistency and trust of society in their compliance with sharia principles. This research aims to analyze the implementation of sharia compliance in the development of innovative products in sharia banks. This research uses a normative legal approach. by collecting data from legal literature and related documents, as well as analyzing sharia bank policies and practices in developing innovative products. The research results show that Islamic banks that are successful in developing innovative products are those that are able to maintain consistency with sharia principles in every stage of the product, from planning to implementation. The main obstacles include challenges in implementing a fair and transparent profit sharing system, as well as the need for skilled human resources in sharia bank operations. Nevertheless, there is significant potential for Islamic banks to expand financial access for low-income communities through products that comply with sharia principles.
CRITICAL REVIEW OF THE PIK-2 "TROPICAL CONCEPT" DEVELOPMENT PROJECT AS A NATIONAL STRATEGY (PSN) PROJECT AND ITS CORRELATION WITH THE STATE'S LAND CONTROL RIGHTS Siregar, Togar; Roestamy, Martin
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
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Proyek Strategis Nasional (PSN) bertujuan untuk meningkatkan kwalitas serta sarana prasana infrastruktur Indonesia dengan cepat untuk dapat meningkatkan effisiensi dan produktifitas perekonomian nasional. Salah satu PSN terbaru pada tahun 2024 adalah Proyek Pengembangan PIK-2 Tropical Concept. Sejak awal dimasukkan proyek ini sebagai PSN menimbulkan polemik sosial dan perdebatan ilmiah meskipun proyek ini didanai swasta dan telah memenuhi kriteria yang ditetapkan pemerintah. Permasalahan yang timbul meliputi bagaimana realisasi dari hak menguasai negara dalam pembebasan tanah untuk pembangunan, sejauh mana dampak Proyek PIK-2 bagi warga setempat yang terdampak proyek ini serta apakah aturan yang ada sudah diterapkan, tujuannya untuk mengkaji penerapan aturan pengadaan tanah untuk PSN. Menggunakan metode penelitian yuridis normatif bersifat kualitatif dengan menggali sumber dari hasil studi kepustakaan, dan menekankan pada penggunaan data primer, data sekunder, termasuk bahan hukum tersier. Kesimpulan yang diperoleh menunjukan bahwa prosedur pengadaan dan pembebasan lahan Proyek P-2 tidak sesuai dengan ketentuan peraturan yang ada dan cenderung hanya menguntungkan pihak pengembang proyek, sementara banyak masyarakat setempat yang kehilangan mata pencaharian karena digusurnya lahan persawahan mereka.
CRIMINAL LAW PERSPECTIVE ON CYBERBULLYING PHENOMENON ON SOCIAL MEDIA Silalahi, Keisha Anakku Putri; Sidauruk, Jinner; Gultom, Meli Hertati
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.14831

Abstract

Cyberbullying in Indonesia has become a serious concern in recent years, with the increased use of digital technologies such as social media and instant messaging applications as the main platforms. This phenomenon not only includes various forms such as insults and threats, but also seriously impacts the mental health of victims, including high levels of stress, anxiety, and depression. The ITE Law and the Criminal Code provide the legal foundation to address cyberbullying, although implementation still faces challenges in consistency and effectiveness of law enforcement. Effective prevention strategies, such as education on digital etiquette and public awareness raising, are needed to reduce the incidence of cyberbullying in Indonesia. Active cooperation between the government, educators, technology platforms, and communities is key to creating a safe and supportive online environment for all technology users, particularly the younger generation who are most vulnerable to the negative impacts of cyberbullying.

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